Can you get sacked if you look after your child while working from home?

Using flexible working as a means for childcare could land you in trouble at work
Using flexible working as a means for childcare could land you in trouble at work

Flexible working is something that a lot of parents are tapping into these days just to try to juggle the demands of work and childcare responsibilities. Some people are permitted to request flexible working by law, and this can include working from home.

Criteria for flexible working

If you want to apply for flexible working, there are certain criteria which must be met. Firstly, you must have parental responsibility for a child under 17 (or 18 from April 2011) and must have worked for your employer continuously for at least 26 weeks as an employee. You must also have not made a request for flexible working over the past 12 months.

In order to be able to work from home, you must be able to carry out your duties to a satisfactory standard. Having a child at home full time might prevent this.

Can you look after your child while working from home?

If you were spending your contracted hours looking after a child instead of working, you could in fact be disciplined and issued with a warning. Your contract will state your prescribed hours of work and you are expected to carry out your work during those hours.It would not therefore be acceptable to look after your child during the day and then carry out your work at night when the child is asleep – unless this has been specifically agreed with your employer.

Therefore, you could employ a nanny to care for your children while you are doing your job, in order to avoid breaching your contract. Alternatively, you would have to ask your employer if they are happy for you to change your hours to the evening when your children are in bed.

What if your request for flxible working is rejected?

Although many people have a statutory right to request flexible working, it doesn’t mean they are automatically entitled to it. Employers must, however, seriously consider the request and can only reject the request for flexible working on specific business grounds.

If your employer has not dealt with your request for flexible working fairly you may have a claim for unfair dismissal if you resign as a result of this, and for sex discrimination.
By Sarah Calderwood, employment law specialist at Slater Heelis, www.slaterheelis.co.uk/employment.